업무방해등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness by drinking while committing each of the instant crimes.
2) The sentence sentenced by the lower court (a prison term of eight months, confiscation) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. Determination
A. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was found to have dice to a certain degree at the time of each of the crimes of this case, in light of the Defendant’s usual drinking, the process and process of the crime, the means and method, the Defendant’s behavior before and after the crime, etc., the Defendant had no or weak ability to discern things at the time of each of the crimes of this case.
subsection (b) of this section.
Therefore, the defendant's above assertion is without merit.
B. In light of the following: (a) the Defendant and the Prosecutor’s each argument of unfair sentencing regarding each of the unlawful determination of the sentencing of the Defendant and the Prosecutor’s each of the instant offenses; and (b) the nature of the offense is very rough and bad; (c) the Defendant has been sentenced to a fine through several times due to violent crimes, etc.; (d) the Defendant has been sentenced to suspension of execution and punishment; and (e) the injury was not completely recovered; and (e) the Defendant was
However, considering all of the sentencing conditions and the scope of recommended sentencing guidelines for the enactment of the Sentencing Committee, such as the defendant's age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy, or too unreasonable, because it does not seem to be unfair, in light of the fact that the defendant's mistake is divided, the victim H and special intimidation victim L does not want to be punished by the defendant.
Therefore, each of the above arguments by the defendant and the prosecutor is all.